You have completed the divorce in Huntsville and are now wondering whether you can modify the divorce decree. Depending on the facts of the case, it could be possible, but only when both parties agree to these modifications. You already know that the divorce process is complex and can take a toll on your emotional state. Still, if you believe modifications are necessary, you can contact a divorce lawyer in Huntsville, AL, to know more. In this post, we are discussing more about post-divorce changes.
What is a post-divorce modification of a decree?
In simple words, post-divorce modification refers to the legal process where the parties ask the court to modify the initial terms that were agreed upon in the decree. You already have the decree, which means that the divorce has been finalized. These modifications could be related to property division, child support, parenting schedules, and alimony. Modifying a decree requires an agreement between you and your spouse, and both parties must agree to the proposed changes.
How does it work?
Once you have sorted the decision to modify your divorce degree, you need to draft a legal agreement, which will be submitted to the court. The court will check the agreement, and if the judge finds it reasonable and fair to both parties, the modifications will be approved. You will then get an amended divorce decree, which will include the agreed-upon changes.
Things to know
Not all elements of your divorce decree can be changed or modified. For instance, matters like property and debt division cannot usually be changed after the divorce has been granted, except for circumstances that are extraordinary or unique. If you want the divorce decree modified but your spouse doesn’t want the same, you can still initiate a motion and request the court to consider the changes. A hearing could be scheduled to determine whether these modifications are necessary and justified. The court may consider various things, like changes in the financial circumstances of both parties, the best interests of minor children, and other changes that may have impacted one or both spouses.
If you believe your divorce decree should be modified, consider talking to an experienced attorney in Huntsville and discussing the options. Your lawyer can give you a fair overview of what you can expect when you file a modification motion. They can also advise you on ways to protect your interests. Call an attorney now!